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Senate Journal



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sdj-13th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2011

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, January 24, 2011

The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)

Prayer was offered by the Reverend James Cline, Old Pathway Church, Ikes Fork, West Virginia.
Pending the reading of the Journal of Friday, January 21, 2011,
On motion of Senator Klempa, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 7, Authorizing payment of supplies, services, printing and other expenses.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 239--A Bill to amend and reenact §18B-18A-9 of the Code of West Virginia, 1931, as amended, relating to higher education-directed research endowments; extending the date upon which moneys must be deposited into research endowments operated by participating institutions; and altering the time period for reallocation of matching moneys.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 240--A Bill to amend and reenact §5A-3-10 of the Code of West Virginia, 1931, as amended, relating to purchasing practices generally; providing that the Purchasing Division Director may not approve certain purchases; providing that reverse auctions may be used to purchase only commodities; defining the "reverse auction process"; permitting the use of third-party vendors for reverse auctions; providing Purchasing Division Director with rule-making and emergency rule-making authority to implement reverse auctions; and providing technical cleanup.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 241--A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2-8 and §5B-2-9 of said code; and to amend and reenact §5F-2-1 of said code, all relating generally to Division of Tourism and Tourism Commission; clarifying that Division of Tourism and the Tourism Commission are separate entities within Department of Commerce; modifying composition of Tourism Commission; and modifying the Tourism Commission's annual reporting requirement.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Stollings, Foster, McCabe, Kessler (Acting President), Miller, Laird, Fanning and Klempa:
Senate Bill No. 242--A Bill to amend and reenact §11-13A-5a of the Code of West Virginia, 1931, as amended, relating to dedicating five percent of coal severance tax to the county of origin; providing for a five-year phase-in at one percent per year; and providing permissible uses for the moneys.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler (Acting President) and Hall (By Request of the Executive):
Senate Bill No. 243--A Bill to amend and reenact §11-13J-4a, §11-13J-6, §11-13J-8 and §11-13J-12 of the Code of West Virginia, 1931, as amended, all relating to the Neighborhood Investment Program Act; specifying that board members who are affiliated, directly or indirectly, with an applicant may not discuss or vote on the applicant's proposal; increasing total maximum aggregate tax credits certified in any state fiscal year; specifying total maximum aggregate tax credits allowed in any state fiscal year; extending the date for termination of the Neighborhood Investment Program; and providing technical and clerical cleanup.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Snyder, Kessler (Acting President), Browning, Foster, Laird, Yost, Beach, Wells, Edgell, McCabe, Stollings, Plymale, Miller, Fanning and Klempa:
Senate Bill No. 244--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-11-7, relating to defining ownership of coalbed methane when severance of mineral estates fails to provide for ownership.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Kessler (Acting President), Snyder, Browning, Foster, Laird, Yost, Stollings, Beach, Fanning, Unger, Wills, Barnes, Miller, Edgell, McCabe, Plymale, Klempa and Williams:
Senate Bill No. 245--A Bill to amend and reenact §22C-1-6 and §22C-1-27 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22-18a of said code; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a new section, designated §31-15A-17b, all relating to protection of the Chesapeake Bay Watershed; authorizing the Water Development Authority to require consolidation of wastewater treatment facilities; increasing the bonding authority of the Water Development Authority for limited purpose; increasing amount of excess lottery revenue deposited to infrastructure fund; providing for distribution to infrastructure fund where excess lottery revenue shortfall occurs; providing exemption for excess lottery revenue deposited to infrastructure fund; creating the West Virginia Infrastructure Lottery Revenue Debt Service Fund and providing for purpose of new fund; and authorizing Water Development Authority to issue revenue bonds for certain Chesapeake Bay Watershed projects.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Kessler (Acting President), Edgell, Foster, Hall, Jenkins, McCabe, Stollings, Plymale, Miller, Laird, Yost, Klempa, Beach, Williams, Wills and Prezioso offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting March 30 annually be designated as "West Virginia Vietnam Veterans Recognition Day".
Whereas, Vietnam Veterans have not received the recognition they so rightly deserve for serving our country so bravely; and
Whereas, Since their return from Vietnam, many veterans have been forgotten and left to fight serious illnesses on their own without help from the people these veterans fought to protect; and
Whereas, The Vietnam War was fought in Vietnam from 1961 to 1975 where more than 58,000 members of the United States Armed Forces lost their lives and more than 300,000 were wounded; and
Whereas, In honor of the 3,000 men and women of West Virginia who served in the Armed Forces in Vietnam during the conflict on behalf of the nation and in honor of the 749 West Virginians listed on the Vietnam Memorial Wall in Washington, DC and Charleston, West Virginia; and
Whereas, March 30, 1975 was the day the United States Armed Forces completed withdrawal of combat troops from Vietnam; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests March 30 annually be designated as "West Virginia Vietnam Veterans Recognition Day"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Petitions

Senators Hall and K. Facemyer presented a petition from Jim Butler and thirty West Virginia residents, requesting the Legislature increase registration fees on passenger vehicles as an alternative to tolling roadways.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting DOH name segment of U. S. Route 33 "Sergeant Clinton M. Hedrick and World War II Veterans Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 9, Requesting DOH name bridge on U. S. Route 220 in Smoke Hole, Pendleton County, "Pendleton County Vietnam Veterans Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 60, Authorizing probation officers' supervision of sex offenders pending availability of multijudicial officer.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 60) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for S. B. No. 60) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Browning, Hall and Snyder.
Thereafter, at the request of Senator K. Facemyer, and by unanimous consent, the remarks by Senator Hall were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Klempa called attention to today being the birthday of the senator from Berkeley and on behalf of the Senate extended felicitations and good wishes to Senator Unger with Senator Klempa leading the members in singing "Happy Birthday".
On motion of Senator Unger, leaves of absence for the day were granted Senators Chafin and Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, January 25, 2011, at 11 a.m.
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